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HomeMy WebLinkAbout2006-11-21 PLANNING AND ZONING November 21, 2006 MINUTES The regular meeting of the Planning and Zoning Commission was called to order by Chairman Richard McNeese at 6:32 p.m. for consideration of scheduled items in the Council Chambers in City Hall of the Municipal Complex. Chairman Richard McNeese stated there was a quorum of members of the Planning and Zoning Commission present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT: Chairman Richard McNeese Vice Chairman Tony May George Zahn Monty Huffman LuAnn Portugal Perry Bynum Mike Collins, Director of Planning and Development Chris Barker, Planning and Development Manager Robert Barker, City Engineer Bill Ridgway, Director of Economic Development Paul Smith, Chief Fire Marshall Holly Witt, Administrative Secretary VISITORS: Marc Poulain, Larry Abbe, Che Eccles, Jeff Winkler, Bruce Scasta, Mike Sell, Henry Lucero, Scott McGahn, Andy Bearden (who will be joining the Commission as a voting member in January) THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by Commissioner Bynum and Invocation was given by Vice Chairman May. ITEM 1 APPROVAL OF MINUTES for called meeting of November 7, 2006 Commissioner Bynum made a motion to approve the minutes for called meeting of November 7, 2006. Commissioner Portugal seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Portugal, Bynum Nays: None Abstention: Commissioner Huffman The motion carried (5-0-1) Planning and Zoning Commission Minutes Page 2 November 21, 2006 ITEM 4 CASE #06-18-SUP — HOLD PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT AND CONSIDER A RECOMMENDATION FOR AN ORDINANCE Receive public input regarding a request for a Specific Use Permit on Euless Town Center Addition, Block 1, Lot 1R, for an Amusement and Recreation Services in PD (Planned Development) based on C-2 zoning, and consider a recommendation regarding an Ordinance. This property is located on 1201 W. Airport Freeway#400. Chairman McNeese opened the public hearing for item number four first to accommodate the applicants traveling schedule. Mike Collins, Director of Planning and Development, gave a brief description of the case. The applicant, America's Incredible Pizza Company, represented by Mr. Larry Abbe, President, and Mr. Marc Poulain, Vice President —Operations, is requesting approval of a Specific Use Permit for Amusement and Recreation Services. America's Incredible Pizza Company is proposed for the Euless Town Center, located at the southwest corner of S.H. 183 and F.M 157 in Euless, Texas. The Planned Development#872, based on C-2 zoning, requires that this land use be considered as a Specific Use Permit. Mike Collins stated the applicant's representative's, Larry Abbe and Marc Poulair, was available for any questions. Larry Abbe, 6514 S. 97th Street, Tulsa, Oklahoma, stated they have been in business since August of 2002 and currently have seven operating units. He proceeded to show a brief overhead presentation. Incredible Pizza has four different eating environments, party rooms, indoor mini golf course, and indoor go cart races. Their concept is great food, fun, family, and friends. This is a smoke and alcohol free environment. Their market is from the ages of five to fifteen years of age. Marc Poulain, 26907 Sandy Arbor Lane, Katy, Texas, stated they chose the fifties theme to create a safe environment. All the present games are G rated. There is a dress and behavioral code. There is one uniform officer during peak hours. Larry Abbe stated they were excited about the site in Euless. Incredible Pizza is about family, fun, and supporting ministries. Marc Poulain stated that Incredible Pizza is about inclusion instead of exclusion. The majority of the games are priced at thirty, sixty, and seventy cents. They have a higher pay out with tickets, about thirty percent. They want everyone to leave with a nice prize. Chairman McNeese asked for any proponents/opponents to come forward for any comments. Seeing none the public hearing was closed. Planning and Zoning Commission Minutes Page 3 November 21, 2006 Commissioner Huffman asked how many employees they expect. Larry Abbe stated they will open up with around two hundred and eighty employees and settle down to around two hundred and twenty-five employees. Commissioner Huffman asked what the hours of operation were going to be. Larry Abbe stated Monday thru Sunday they would open up at 11:00 a.m., Sunday thru Thursday they would close at 9:00 p.m., Friday and Saturday they close at 10:00 p.m., and the game room stays open one hour later. Commissioner Huffman asked what the dress code was. Marc Poulain stated it is of modest means: shirts with sleeves, no gang paraphernalia, females cannot be overexposed, and no shirts with obscene language or graphics. Commissioner Portugal asked how many they look at bringing in for lunch crowd verses an evening crowd. Larry Abbe stated their lunch staff will have about thirty percent of their staff and the evening will be about seventy percent of their staff. At any given time they will have about forty to sixty on staff. Several members stated they were excited about this project. Commissioner Huffman made a motion to approve case #06-18-SUP with the following condition: 1) Tied to America's Incredible Pizza Company. Vice Chairman May seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Huffman, Portugal, Bynum Nays: None Abstention: None The motion carried (6-0-0) ITEM 2 CASE #06-05-PD — HOLD PUBLIC HEARING REGARDING A PLANNED DEVELOPMENT AND CONSIDER A RECOMMENDATION REGARDING AN ORDINANCE Receive public input regarding a request for a Planned Development of Richard Crowley Survey, A-312, Tracts 4E01 and 4F from PD (Planned Development) based on R-5 zoning to PD (Planned Development) based on TH zoning and consider a recommendation regarding an Ordinance. Planning and Zoning Commission Minutes Page 4 November 21, 2006 This property is located at the northwest corner of Highway 360 and Ash Lane. Chairman McNeese opened the public hearing. Chris Barker, Planning and Development Manager, gave a brief description of the case. The applicant, MDC Brookside, L.P., is proposing to develop a 12.7 acre parcel for an eighty-two (82) lot, nineteen (19) structure Townhome project. The proposed development is located on the northwest corner of the S.H. 360 southbound frontage road and Ash Lane. MDC Brookside, L.P. received zoning approval for this same tract of land from the City Council on August 16, 2005. A PD (Planned Development) based on R-5 multi-family high density dwelling district, was approved allowing a maximum density of 24 dwelling units per acre. The applicant now believes the housing market has changed in a way the makes single family-attached (townhomes) a more desirable use for the subject property. Furthermore, they believe that the new zoning request will create a greater diversity of housing types in this area of Euless, and provide for a high quality, owner-occupied housing option for current or future residents of Euless. The applicant is requesting a minor change to replace the wrought iron fence along S.H. 360 with a masonry fence. Chris Barker stated the applicant's representative's, Jeff Winkler and Bruce Scasta, was available for any questions. Jeff Winkler, 3601 N.E. Loop 820, Fort Worth, Texas, stated he would stand by for any questions. Chairman McNeese asked for any proponents/opponents to come forward for any comments. Seeing none the public hearing was closed. Vice Chairman asked why the change from multi-family to townhomes. Bruce Scasta, 545 E. John Carpenter Freeway #1500, Irving, Texas, stated that a multi- family project of this size had to go high end. They were not seeing the rent being able to support the high end product any where in the Metroplex right now. Three builders have approached them and would love to build townhomes there. Vice Chairman asked does he foresee the market for townhomes at this location. Bruce Scasta stated absolutely. Commissioner Bynum asked if they are going to have to do as much pre construction, from the engineering side, as the original proposal. Jeff Winkler stated there will be retaining walls required on this property necessitated by the fact of major drainage coming from the south and the creek at the north end. They will work with staff in order to get an elevation certificate. Planning and Zoning Commission Minutes Page 5 November 21, 2006 Vice Chairman May made a motion to approve case #06-05-PD with the following amendment: 1) For each of the buildings that exceed four units per building that they would include the architectural design features that include various roof line, articulation, and exterior façade. Commissioner Portugal seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Huffman, Portugal, Bynum Nays: None Abstention: None The motion carried (6-0-0) ITEM 3 CASE #06-14-SUP — HOLD PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT AND CONSIDER A RECOMMENDATION FOR AN ORDINANCE Receive public input regarding a request for a Specific Use Permit on Oakwood Terrace Addition, Block 1, Lot A43R, for a Motorcycle Repair Service in TX-10 (Texas Highway 10 Multi-Use District) zoning, and consider a recommendation regarding an Ordinance. This property is located on 230 Vine Street#3. Chairman McNeese opened the public hearing. Chris Barker, Planning and Development Manager, gave a brief description of the case. The applicant, Chop Shop, represented by Mr. Che Eccles, is requesting approval of a Specific Use Permit for Motorcycle Repair Service Shop. This use is proposed for a portion of an existing building located at 230 Vine Street#3, owned by Douglas A. Newton, Jr. The TX-10 zoning district requires that this land use be considered as a Specific Use Permit. This business is currently operating from this site. A Police Department member of the Development Review Committee had brought this to the Planning and Development Department's attention. After it was determined that there was no Certificate of Occupancy application on file and no change in the water billing account status, staff notified Mr. Eccles. He explained that he was not aware that his business required an S.U.P. Chris Barker stated the applicant, Che Eccles, was available for any questions. Che Eccles, 509 Vine Street, Euless, Texas, stated this is a small one man shop. They cater to side cars. He has about thirty-seven Euless residents that are customers. Chairman McNeese asked for any proponents/opponents to come forward for any comments. Seeing none the public hearing was closed. Planning and Zoning Commission Minutes Page 6 November 21, 2006 Commissioner Portugal asked what the term of his lease is. Che Eccles stated it is one year. Commissioner Bynum asked would he have a problem with the Specific Use Permit being tied to his lease. Che Eccles stated he would not. Commissioner Zahn made a motion to approve case #06-14-SUP with the following conditions: 1) All of the activity is internal to the structure and will not negatively impact adjacent property/business owners; 2) No permanent outdoor display/storage of merchandise; 3) The Fire Marshall has established that a maximum of twenty gallons of fuel will be allowed, including fuel in vehicle tanks; 4) Tied to business owner Mr. Che Eccles; and the amendment 5) Valid for one year. Vice Chairman May seconded the motion. The vote was as follows: Ayes: Chairman McNeese, Vice Chairman May, Commissioners Zahn, Huffman, Portugal, Bynum Nays: None Abstention: None The motion carried (6-0-0) ITEM 5 CASE #06-02-UDC — HOLD PUBLIC HEARING REGARDING A UNIFIED DEVELOPMENT CODE AND CONSIDER A RECOMMENDATION FOR AN ORDINANCE Receive public input and consider a recommendation regarding a request by City of Euless for a change to Code of Ordinances Chapter 84 "Unified Development Code" in order to amend Section 84-181 "Exterior façade requirements" and approve an Ordinance. Chairman McNeese opened the public hearing. Mike Collins, Director of Planning and Development, gave a brief description of the case. Staff is recommending an amendment to the current masonry ordinance for structures located in R-1 C, R-1, and R-1 L. The amendment to Sec. 84-181 "Masonry Façade Requirements" of the Unified Development Code would enable an applicant to make a request directly to the Building Official regarding alternate building materials used to meet the residential masonry façade requirements for remodeling of an existing structure. Chairman McNeese asked for any proponents/opponents to come forward for any comments. Seeing none the public hearing was closed. Planning and Zoning Commission Minutes Page 7 November 21, 2006 Chairman McNeese stated with this amendment there will be more fiber cement board. He would like see an amendment to elevate the masonry requirement and not go the other way. Commissioner Zahn asked how many residential remodeling permits come in. Mike Collins stated very few. The intent is not for anyone to use fiber cement board just because you want to. The intent would be to address a specific circumstance regarding a physical condition in which a property has severely shifting soil and they repeatedly get cracking in their brick façade. Chairman McNeese asked since there are so few residential remodeling permits why are we looking at changing the Unified Development Code. Commissioner Zahn asked what the intent was for this amendment. Mike Collins stated to allow for a residential remodel to use fiber cement board on the rear elevation, and in that specific circumstance of severely cracking brick façade the amendment would benefit the applicant. The applicant would not have the delay of waiting for the Zoning Board of Adjustments to convene on an issue it would assuredly approve. Commissioner Portugal stated because of so few residential remodeling permits that have come in, is not cause for the proposed amendment. Mike Collins stated staff is bringing this forward based on council's direction. Commissioner Bynum likes hardy board but is not in favor of this amendment. If these specific circumstances come in on a daily basis then it would be the time to revisit this amendment. Commissioner Huffman asked what constitutes a residential remodel. Mike Collins stated if the remodel project exceeds fifty percent of the current value of the structure, then all the development standards that are in place today would have to be ninety percent masonry. If the remodel does not exceed the fifty percent, you could use an amount of hardy board that does not decrease the current masonry content of the structure. Mike also stated that he would conclude from the discussion that there is a philosophical belief by the Planning and Zoning that the Building Official should not be given an authority that the Zoning Board of Adjustments already is charged with and that there is no support to allow use of fiber cement board. The Commission members agreed. Vice Chairman May made a motion to deny case #06-02-UDC. Commissioner Bynum seconded the motion. The vote was as follows: Planning and Zoning Commission Minutes Page 8 November 21, 2006 Ayes: Chairman McNeese, Vice Chairman May, Commissioner Zahn, Huffman, Portugal, Bynum Nays: None Abstention: None The motion carried (6-0-0) ITEM 6 REPORTS There were no reports. ITEM 7 DIRECTOR'S REPORT There were no reports. There being no further business the meeting was adjourned at 7:26 p.m. Chair an Mc eese / Date